Legal Opinion
Richards v. Smith
New York Supreme Court
Decided July 5, 2005PublishedCited by 1 opinion
1Opinion of the Court
*671OPINION OF THE COURT
Sylvia Hinds-Radix, J.
In this action, plaintiff, Muneer Richards, moves for an order pursuant to CPLR 3213, granting the plaintiff summary judgment on the grounds that, under the doctrine of collateral estoppel, specific findings by a hearing committee of the New York State Department of Health, Office of Professional Medical Conduct (OPMC), preclude the defendant physician from contesting liability for battery in plaintiffs civil action.
Factual Background and Procedural History
The within action is for damages for an alleged battery which occurred on September 24, 2001.…
2Cases cited11 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Buechel v. BainNew York Court of Appeals · 2001
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
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3Cited by1 opinion
- Morra v. Raimond Corssen Co.New York District Court · 2005